Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com 

### October 5, 2011

Docket Man a geme n t Facil i ty

U S D e partm e nt o f Transportation

1200 New Je r sey Avenue, SE

West Build in g Gr ou nd Floor

Room W12‐ 1 40

Washington, D C 20590

Dear Sir o r Madam:

Jet Aviation Flight Services, Inc., Air Carr i er C e rtifi cate Numb e r KKVA618M



### , is requesti n g exemption

from the requirements o f 14 CFR 43.3(g) to allow its properly trained pilots ( u nder an app r oved training

program) to accomplish updates o f navigational software databases o f i n stalled flight manage m ent

systems. Th i s applies to all aircraft used in operations under 14 CF R P art 135. T he pr i mary conta c ts in

t h is matter are:

Ralph Bonadies

Director o f Maintenance

Jet Aviation Flight Services, Inc. Bernard Flashman

Director of Operations

Jet Aviation Flight Servic es, Inc.

PETITION F O R EX E MPTI O N

This Petition for Exempti o n (“Peti t ion”) is submitted in accorda nc e with 14 CF R 11 and seeks perman en t

relief from certain rules issued by the Federal Aviation Administ r ation govern i ng persons a uth o riz e d to

perform pre v e ntive maintenance, i n th e form o f u p dating A ir Tr a ffic Control (ATC) navigational software

databases, o n an aircraft used in operations u n der 1 4 CFR 135.

SCOPE

This petition request applies to all Jet Aviation Flight Services , I n c. pilots who have co mp l eted

instruction covered u n d e r the appro v ed trai n ing pro g ra m and who are authorized by the Director of

Operations o r his designee to accompl i sh supervised updates o f AT C navigational software d a t abases in

accordan c e with accepted proce d ures, o n their as signed Jet Aviation Flight Services, Inc. aircraft used in

operations u nder 14 CF R 135.Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fa x +1 201 62 5 6 33 5 | www.jetaviation.com

SPECIFIC RELIEF REQUESTED

Jet Aviation Flight Services

, Inc. seeks an exemption to 14 CFR 43.3(g) to allow Jet Aviation Flight

Services, Inc. pilots to perform preventive maintenance, in the form of updating ATC navigational

software databases of its aircraft that are used in operations under 14 CFR 135.

Jet Aviation Flight Services, Inc. also requests to use the exemption, if granted, outside of the United

Sta tes. The public benefit and equivalent safety evidence supporting this exemption request have

equal applicability to Jet Aviation Flight Services, Inc.’s international flights.

14 CFR 43.3(g) states, in pertinent part, that 

### "Except for holders of a sport pilot certificate, the

holder of a pilot certificate issued under part 61 may perform preventive

maintenance on any aircraft owned or operated by that pilot which is not used

under part 121, 129, or 135 of this chapter."

In 14 CFR 43.3(a) reference is made to Appendix A to part 43 as containing the items that are considered

to be preventive maintenance and thus subject to provisions in 14 CFR 43.3(g). Specifically, paragraph

(c)(32) of Appendix A to Part 43 identifies 

### "updating self

- contained,

.. . ATC navigational software

databases" as a preventive maintenance item. In essence, the current rule prevents a pilot who

operates an aircraft used under part 135 from accomplishing navigational database updates and

requires those update s to be accomplished by authorized maintenance personnel.

It is understood that this exemption does not extend to other preventative maintenance tasks identified in

Appendix A to part 43.

PUBLIC BENEFIT

Jet Aviation Flight Services, Inc. (JAFS) is a Part 135 Air Carrier certificated in accordance with 14 CFR

119. Jet Aviation Flight Services operates over 2 0 business jet s.

In order to provide for its customer's travel needs JAFS annually flies to more than a 1200 airports in

the US and abroad, and 800 in the US alone. JAFS s flight operations significantly benefit s the US

economy and the p ublic.

JAFS flew nearly 7000 hours, over 3000 flight ’s in the U.S and more t han 70 countries. Total fuel usage is

estimated to have exceed ed three million gallons.Jet Aviation Flight Services , Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 62 5 6 33 5 | www.jetaviation.com

M any of the airports to which JAFS customers fly have limited or no scheduled air service. Each year

access to more and more of these airports, especially during periods of low visibility, is becoming

entirely dependent on use o f RNAV procedures. The same is also true for a number of major

metropolitan airports where RNAV SIDs (Standard Instrument Departures) are the only "published"

departure procedures normally available to any departing aircraft. In addition, RNAV

- b ased airways (US

"Q ” and "T" routes) have been instituted i n key areas of US airspace. The number of airports solely

served by RNAV procedures is increasing and will continue to do so for the foreseeable future.

Advanced RNAV capability is als o a key enabler in the FAA's Next Generation Air Transportation System

( NextGen )

.

The FAA has promoted RNAV as serving the general public interest because RNAV benefits the safety,

access, capacity, predictability, and operational efficiency of the Nation al Airspace System (NAS), and

reduces environmental impacts of aviatio n 1

. Specifically, RNAV procedures provide:

• Reduced risk of controlled flight into terrain (CFIT).

• Improved airport and airspace access in all weather conditions, and ability to mee t

environmental and obstacle clearance constraints.

• Enhanced reliability and reduced delays by defining more precise terminal area procedures.

• Reduced workload and improved productivity of air traffic controllers.

JAFS aircraft are appropriately e quipped and authorized by the FAA to use RNAV routes and

procedures. All terminal RNAV procedure authorizations as well as some RNAV route authorizations

require that the ATC navigational database be "current''.

RNAV allows JAFS to serve airports and ro utes that better satisfy its customer's needs. However,

these needs can sometimes lead to an aircraft being away from a location where trained and

authorized maintenance personnel would normally be available to update the navigational software

database whe n the previous database expires. When the navigational database has "expired" operation

of the aircraft is permitted by the FAA approved Minimum Equipment List (MEL), but only when RNAV

routes and procedures (i.e. those requiring a current navigational dat abase) are not used.

The interests of JAFS customers and the general public are not served if an airport cannot be accessed

or flight routes cannot be used because the navigational database is no longer current.

• Unnecessary positioning flights to app ropriate maintenance locations or transporting trained

maintenance personnel to an aircraft solely for the purpose of updating an expired navigational

database are in direct conflict with public benefits of using RNAV procedures and routes (as

outlined above).

• Such maintenance positioning flights can needlessly lead to increased flight delays, increased

airspace congestion

, and do increase carbon emissions and pollution.

• Additional costs accruing from use of alternative airports or routes tha t do not require a

current navigational database are ultimately borne by JAFS customers; having to

use alternative airports or routes in this circumstance is a major economic burden to

JAFS cu stomers and the public.JAFS bel ieves that granting this exemption will significantly reduce the number of times a JAFS aircraft

is operated with an expired navigational database, and will benefit JAFS 's customers and the general

public.

EQUIVALENT SAFETY

When the current rule (defining database updates as 'preventive maintenance') was issued in May,

1996, updating of navigational databases often required removal of the navigation unit from the

instrument panel 

### and, in some 

### cases, disassembly of the unit itself. The rule int ended to adapt federal

regulations to the state of modern technology in use at that time.

In the ensuing fourteen years technological advances in flight management systems have led to simple,

user

- friendly procedures for updating navigational databases. I n no case does the navigational database

updating procedure prescribed for any of JAFS 's aircraft require parts removal, disassembly of a

panel

- mounted unit, or use of any special tools. Instead, all flight management systems of JAFS 's

aircraft have sim ple data loaders that obtain navigational database updates via commonly used digital

media (such as a USB drive or a set of floppy disks). The procedures for accomplishing the navigational

database update are contained within the Pilot Operating Handbook ( POH) for the installed flight

management system.

JAFS believes that allowing its trained pilots to accomplish updates of navigational software databases

in their assigned aircraft, provides an equivalent level of safety to that achieved by having authoriz ed

maintenance personnel accomplish the update.

• JAFS 's pilots use the flight management system in their assigned aircraft on a daily basis and are

thoroughly trained in all aspects of its normal operation and non

- normal operating

characteristics, to inc lude the installed navigational software database. JAFS pilots will be trained

on all specific makes and models of the FMC to which they will be uploading navigational software

databases. Training on one make and model will not enable the pilot to update d atabases in other

makes and models. Upon successful completion of training, each pilot will be authorized, in writing,

by the D irector of M aintenance or authorized designee, to perform navigational software database

uploads on systems for which they have r eceived training.

• Updating the navigational database is simple and does not require any special tools or removal

• 

## I disassembly of any components.

• There are no known instances of an incident or accident attributable to pilot updating of a

navigational s oftware database.

• JAFS 's pilots will be specifically trained in all aspects of the updating procedure, including non

normal indications, any required operational check, and the requirement to contact the

a ssigned JAFS Maintenance Manager i f an y abnormalities are encountered while

accomplishing the update.

• The software being loaded will not contain system operating software. The upload will only

include the navigational database. The assigned JAFS Maintenance Manager will ensure

software being uploaded does not contain operating system software.

• After successfully completing the update the pilot who performed the navigational database

update procedure will be required to document the completion in the Maintenance / Flight Log

and contact the a ssigned JAFS Maintenance Manager to report completion of the update.

### ~

. lETR",RT,DN

A G ENERAL DVNAMI C S COMPANY

The Maintenance Managers are trained and certificated maintenance technicians that provide

oversight for the work accomplished by the pilot. The Maintenance Manager contacted by the

pilot will be required to review and confirm w i th the pilot that the update was accompl i shed in

accordance with the prescribed procedure.

The required maintenance record entry for the update will be signed by the pilot performing the

upload, and inc l ude his/her ATP number, the date of the upload, the database revision number

uploaded and the aircraft location at the time of upload. The form containing the

maintenance record entry will be transmitted to the Maintenance Manager who w i ll

return the aircraft to service in accordance with JAFS's approved Maintenance Procedures.

FEDERAL REGISTER SUMMARY AND PUBLICATION

Jet Aviation Fl i ght S e rv i ces

, Inc. seeks an exemption to 14 CFR 43

. 3(g) to allow its pi l ots t hat a r e

properly trained and qual i fied under an approved training program, to perform preventive

maintenance, in the form of updating ATe navigat i onal software databases on its aircraft used in

o p erat i ons u nd er 14 CF R1 35

. Gran t in g o f t he requested e x emption w i ll benefit th e public because pil ot

upda t ing of nav i gational databa s es wi l l signif i cantly redu c e t he number of t i mes a JA F S

Management ai r craft is operate d with an exp i red navigational database and to support FAA's N extGen

efforts. I n seeking this exemp t io n Jet A v i at i on Flight Se r vices, Inc

. asserts that an equivalen t leve l of

s a fety

, as provided by t he cu r re n t r u le

, is achieved and maintained by use of its properly trained and

dire c ted pi l ots and approved ma i ntenance procedu r es

.

Jet Av i ation F li ght Services

, In c

. requests a wa i ver of the 120

- da y fil i ng requireme n ts and the pub l ishing

of a summa r y of the Petition i n the Federal Register

. Any delay in granting of th i s exempt i on request

will needlessly encumber FAA resources and result in additional de l ay for relief.

P l ease co n tac t eit h er of the below if fu r the r i nformation i s needed to process this r equest

.

Respectfully,



# ~ ~ ~

-

Ra l ph Bonad i es

D i recto r of Maintenance

J e t Av i ati o n Flight Serv i ce s , Inc. Bernard Flashman

Director of Operations

Jet Aviat i on Flight Serv i ces

, Inc

.